Labour Law and Protection | HEUSER RECHT UND STEUERN
Employment
Protection
Laws
The goal of the German Employment
Protection Act (Arbeitsschutzgesetz)
is to keep and improve the health of all
employees and workers in Germany.
Various regulations for almost every
position and sector obligate employers to
protect their employees from danger and
against health damages. This, however,
does not only apply to physical but also
- more and more - to mental health. The
Employment Protection Act is binding
and mandatory for ALL employers and
monitored by the Occupational Safety and
Health Authorities.
Breaches can lead to fi nes of up to
€5,000.00. A violation of an order of
the respective authority can actually be
fi ned with up to €25,000.00 and can –
provided it is a consequence of intent –
04 • www.heuser.de
be considered criminal off ense and may
thus be punishable by up to one-year
imprisonment.
Employers are obliged to assess the risks
and dangers for every workplace and take
preventive measures as well as implement
emergency measures. Their eff ectiveness
must be reviewed regularly and modifi ed
if necessary. Dependent on factors like
company size, number of employees
and risk assessment, it might also be
compulsory to appoint safety offi cers.
The Works Council is entitled to codetermination
for those internal measures
so that employers must obtain its approval
before establishing rules and standards.
Please fi nd more details and explanations
on Work Councils and other representatives
in our E-Journal “Trade Unions
and Representatives”.
In addition, employers need to instruct and
train their employees regularly concerning
occupational safety and protection. In
return employees are obliged to care
about their own occupational safety within
their possibilities.
Technical
and
Operating
Safety
• Regulations to prevent operational accidents
e.g. safe working environment, safe work equipment etc.
Working Time
Safety
• Regulations to prevent strain
e.g. maximum working time, ban on holiday working etc.
Labour
Contract
Safety
• Regulations to prevent unfair working conditions
Humanly Structering of Working Conditions
1) executability
Is the employee able to do the required work?
2) endurability
Is it possible to do the work regularly without a danger for
health?
3) reasonableness
Do working conditions comply with legal requirements and
minimum standards?
4) work satisfaction
Are the (individual) needs of employees taken into
consideration?